QUESTION

Am I entitled to a copy of my deceased Father's contract from a business in which he was doing business?

Asked on Jul 26th, 2020 on Breach of Contract - California
More details to this question:
My Dad had an incorporated business. He had a contract with another business. My Dad passed away. The "other side" told us (his heirs) that the business contract is now ended, due to my Dad's passing. We (his heirs) have asked for a copy of the contract, so we can see for ourselves. Our request for a copy of the contract has been ignored. Are we legally entitled to a copy of the contract, or do we need to sue for it?
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1 ANSWER

Appellate Practice Attorney serving New York, NY
If you want something the other side refuses to provide, you will have to sue for it.   Whether you're legally entitled to it or not, that's the only way to enforce your rights against someone who's unwilling to recognize them.  As to whether you are legally entitled to a copy, it depends on the status of your father's estate.  From what you've written, it seems that your dad's corporation had a contract.  The corporation has a right to enforce that contract, and has ways of getting a copy through legal action (althoygh it may be somewhat expensive and time consuming), but the question is, who owns the corporation and can therefore assert its rights?  To whom did your dad's stock pass?  If there was a will, it would pass to whoever the will provided or, if he will didn't specify, to the beneficiary of the residuary of the estate.  if no will, it would pass as a matter of law, probably to his closest living relatives.  I'm not familiar with California law, but if it is like NY law it would probably be divided between his surviving spouse and children.  The point is, however, that if you want to enforce rights belonging to the corporation, you're probably going to have to start an estate proceeding to declare who now owns the corporation, i.e. who inherited your father's stock.
Answered on Jul 28th, 2020 at 2:19 PM

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